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HomeMy WebLinkAbout6553 R I I® Conti•actorsBonding.andInisuranceCompany Payment Bond P.O.Box 3967 I eoria,IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 (Public Work) Bond Number: RCB0042603 Premium: KNOW ALL BY THESE PRESENTS,That we, Capital Heating and Cooling Inc. called the Principal, and Contractors Bonding and Insurance Company , an Illinois corporation, called the Surety,are held and firmly bound unto City of Bremerton ,called the Obligee, in the sum of Four Hundred Ninety Five Thousand One Hundred Twelve and 80/100 Dollars ($ 495,112.80 ) for the payment whereof said Principal and Surety bind themselves by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated July 31, 2023 , for Library HVAC Replacement Project ("Contract"). NOW,THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the construction work under the Contract,then this obligation shall be void;otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety(90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made,The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of(1)one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond, which is prohibited by any law controlling in the state where the suit is filed, shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 10th August 2023 ' Signed and sealed this day of g ``,oaolNcnNo�NsG'o,, Capital Heating and Cooling Inc. =a o Contractors Bonding and Insurance Company SEAL:•a' a ;o� N. .„„„„„w„„ By: By: ---A CAA-A-ell -4------•._.) Principal Bill Schmidtke Tandy Wilson,Attorney-in-fact C0066_CBIC BndPayPW.01-040112 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Alen by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Lnsurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Benjamin M.Houk,Drake G.Nicholson,Tiffany Karpavicius,Cindy Chambers,Tandy Wilson,Gretchen Henrie,Billie Stuart.Nikole Keka,Josie Boromisza,Nikki Kaur,joint y or severally in the City of Olympia , State of Washington its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 28th day of March , 2023 . ,,,,11r"°qlp, "dg11U❑Ilp RLI Insurance Company sss:R910,Gn.ronys`a ,oJikANCE cd,A Contractors Bonding and Insurance Company . ? �r7q� �. • 4o�1roagr�.m iz.Gonronnr..•,..4 / , i =: ` SEAL E SEAL - By: �' c , Barton W.Davis Vice President State of Illinois l ��'r'r'nnot�:1,,, ''J',,,',4 t,I Nn0�'''''```` } SS County of Peoria JJ) CERTIFICATE On this 28th day of March 2023 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation, whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or CRntractors Bonding and Insurance Company this tt)1k day of IA Uc3i -— (12; . By: \ �-�' ••° RLI Insurance Company Catherine D.Geiger " Notary Public Contractors Bonding and Insurance Company 1 , CATHERINE D.GEIGER 1 y' OFFICIAL SEAL 1 3-ic.4c 1 PUBLIC Notary Public-State of Illinois i By: 1 nueo°: My Commission Expires Jeffrey )ick Corporate Secretary I •.I1• December 05,2026 1631100010111 A0058D19 RU® P.O.BOX 3967 PEORIA,IL 61612-3967 PERFORMANCE BOND P:(800)645-2402 E:contractsurety@rlicorp.com SURETY RLISURETY.COM • 13ond No. PCB0042603 KNOW ALL MEN BY THESE PRESENTS: That Capital Heating and Cooling Inc, (Here insert the name or legal title of the contractor) ' 1218 Carpenter Road Lacey,WA 98509 (Here insert the address of the contractor) • • as Principal,hereinafter called Contractor,and Contractors Bonding and Insurance Company ,an Illinois Corporation,as Surety,hereinafter called Surety,are held and firmly bound unto City of Bremerton (Here insert the name of the owner) 100 Oyster Bay Avenue N,Bremerton,WA 98312 as Obligee,hereinafter (Here insert the address of the owner) called Owner,in the amount of Four Hundred Ninety Five Thousand One Hundred Twelve and 80/100 Dollars( 495,112.80 ),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated July 31,2023 entered into a Contract with Owner for Library HVAC Replacement Projecf in accordance with drawings and specifications prepared by (Full name of architect or engineer) which contract is by reference made a part hereof,and is hereafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligation thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,and upon determination by Owner and Surety of the lowest responsible bidder,arrange for a contract between such bidder and Owner and make available as work progresses(even though there should be a default or a s uccession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including others costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. _ Signed this 10th dayof g August A.D, 2023 • seat,v \NO c 4...a Capital Heating and Cooli Inc. `S�5 . •,,44,„ Contractors Bonding and Insurance Company erigipal) (S 1) ' '•poRPoagr�' By ddij , SEAL . Bill Schmidtke °�. • ••• ��`� Tandy Wilson Attorney in Fact ,,,ryp<Uu Nn0��d``' L... , C0031 D2l-10,30 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Benjamin M.Houk,Drake G.Nicholson,Tiffany Karpavicius,Cindy Chambers,Tandy Wilson,Gretchen Heade,Billie Stuart,Nikole Keka,Josie Boromisza,Nikki Kaur,jointly or severally in the City of Olympia ,State of Washington its true and lawful Agent(s)and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company, The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 28th day of March , 2023 . °,,,,,ition, ��0,0iiii c ui,„ � RLI Insurance Company ,,,s'o�NaAHdINSG9,,, `�oq, ,col* Contractors Bonding and Insurance Company 1-`9 qP Op • `�..CA•: •'•'Oo A2�` .P1 Y ? i pOnPOq�j ••�-y am;. ?'• SEAL ''b= SEAL - By: '!t/" — o�, e Batton W.Davis Vice President State of Illinois .1.,NUs,",,o f+ /,/,,h4 t,i N oog No } SS County of Peoria CERTIFICATE On this 28th day of March , 2023 ,before me,a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do herebyy certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force, In testimony -- act and deed of said corporation, whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding andInsurance Company this l,l}r"day of ( 4& 202 By: LuAL, , v t— RLI Insurance Company Catherine D.Geiger 0 Notary Public Contractors Bonding and Insurance Company �� i .�. CATHERINE D•GEIGER xorennr' OFFICIAL SEAL r�p ruauo Notary Public-State of Illinois: B (j , r} I 1 Iff a? My Commission Expires y /�J December 05,2026 Jeffrey i Iy V Corporate Secretary 4632100020212 A0058D 19